Mobile Light R. Co. v. Therrell
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Wade H. Therrell, against the Mobile Light & Railroad Company, for damages for injuries as a passenger while alighting from a street car of the defendant. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Wade H. Therrell, against the Mobile Light & Railroad Company, for damages for injuries as a passenger while alighting from a street car of the defendant. Judgment for the plaintiff, and the defendant appeals. The second count, after setting forth the facts as stated in the first count, further avers that the defendant’s servants in charge of the car upon which plaintiff was a passenger knew the character of the ground at the point where it stopped its car, and knew that the ground was rough and irregular and a…
1Opinion of the CourtSomerville, J.
The first count of the complaint is manifestly intended to charge a breach of defendant’s duty to plaintiff, in that defendant’s street ear was stopped, and plaintiff was invited to'alight therefrom, at a place not safe and convenient for that purpose.
It is shown that plaintiff was a pay passenger on defendant’s car, his destination being the village of Prichard; and the averment is that—
“AVhen said car reached Prichard it was, by the servants in charge thereof, stopped at a point where there was no platform, and where the ground was irregular and rough, and a considerable distance below the…
2Cases cited16 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Clemons v. StateSupreme Court of Alabama · 1910
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Lamson & Sessions Bolt Co. v. McCartySupreme Court of Alabama · 1937
- Mrs. Fern W. Reuter v. Eastern Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1955
- F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
15 more not listed; retrieve them via the Exa API.